HomeMy WebLinkAboutBP 85-146; Metrovich, Phil; 85-173055; Future Improvement Agreement/Release. . c ‘v
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RECORDING REQUESTED BY AND ) 1985 MAY I 6 m 12: 35
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008 f@3 FEE
Space above this line for Recorder’s
use.
Documentary transfer tax: CggJ
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City of Carlsbad
Parcel No. 206-180-30
CONTRACT FOR FUTURE PUBLIC IMPROVEMENTS
THIS AGREEMENT is made by the City of Carlsbad, a municipal
corporation, hereinafter referred to as “City”, and PHIL METROVICH,
hereinafter referred to as “Property Owner”.
RECITALS: i
WHEREAS, Property Owner has applied to City for a Building
Permit No. 85-146 for the real property hereinafter described, now
under Property Owner’s ownership; and
WHEREAS, it has been found that said property is not suitable
for development in its present condition, however said property would
be suitable for development if certain public improvements hereinafter
described are constructed and certain irrevocable offers of dedication
are made to City; and
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WHEREAS, Property Owner has requested said Building Permit
No. 85-146 be granted by City in advance of the time said improvements
are to be made; and
WHEREAS, Property Owner, in consideration of the approval of
said Building Permit No. 85-146 desires to enter into this agreement
securing the construction of said improvements, and City has
determined it to be in the public interest to agree to temporarily
postpone said construction;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
Section 1. That City Agrees to record any irrevocable offers
of dedication made by Property Owner for Highland Drive.
Section 2. That Property Owner, in lieu of making the
hereinafter described improvements before approval of said BLuilding
Permit No. 85-146 is granted, agrees to install and construct, or
cause to be installed or constructed, said improvements in accordance
with plans and specifications approved by the City Engineer within
sixty (60) days after written demand so to do by City. Property Owner
shall not be required to make said improvements before April 20, 1986
or within such further period of time as is granted by City, provided,
however, that upon the happening of either of the following
occurrences said improvements may, at the sole election of City, be
required to be made sooner than said date or such extended period of
time which may have been granted by City:
.a ., .,, 4 6 s) k
(a) When the City Council finds that the owners of 40% or
more of the frontage, including the frontage of Property Owner,
between intersecting streets on both sides of the street upon which
the property herein described has frontage, have agreed with City to
install street improvements to City specifications.
(b) When owners of more than 50% of the frontage, between
intersecting streets on both sides of the street upon which the
property herein described has frontage, have petitioned the City to
form an improvement district for the improvement of said streets.
Said improvements shall be made without cost or expense to
City. City estimates that the cost of engineering and construction of
said improvements at the time of signing this contract is FIVE
THOUSAND TWO HUNDRED FORTY THREE AND NO/100 ($5,423.00) DOLLARS.
Property Owner hereby acknowledges that said cost is a reasonable
estimate of engineering and construction costs at this time and that
the actual cost of same at some time in the future may exceed this
estimate.
Section 3. That for the faithful performance of the promises
and covenants herein contained, Property Owner hereby grants to City a
lien upon the hereinafter described property in the amount of
$5,243.00 plus any future increases of cost in excess of this sum
resulting from increased engineering and construction costs, and in
the event Property Owner, Property Owner’s successors, heirs, assigns,
or transferees fail to install and construct said improvements in the
manner and within the time specified herein, Property Owner agrees
that City may do any or all of the following:
(a) Have the necessary engineering for said improvements
done, and install and construct said improvements by contract or
otherwise. City or its contractor and contractor’s employees may
enter upon any portion or portions of the property reasonably
necessary for said engineering and construction, and the entire cost
and expense shall be charged against said property and payable by said
Property Owner, Property Owner’s successors, heirs, assigns, or
transferees immediately upon completion of said improvements. In the
event same is not paid within thirty (30) days from completion, City
may foreclose said lien as provided by law for the foreclosure of
mortgages.
(b) Direct the City Engineer to estimate the cost of
necessary engineering, and the work required to install and construct
said improvements, and foreclose said lien in said amount.
(c) Pursue any remedy, legal or equitable (including those
specifically referred to herein), for the foreclosure of a lien, and
the Property Owner, Property Owner’s successors, heirs, assigns, and
transferees, shall be liable for reasonable attorney’s fees as a cost
in said proceedings.
Section 4. That it is agreed that anything herein contained
to the contrary notwithstanding, the promises and covenants made
herein shall not be binding upon the holders, mortgagees, or
beneficiaries of any purchase money mortgage or purchase money deed of
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trust for value which has been or may in the future be executed by the
Property Owner, Property Owner’s successors, heirs, assigns, or
transferees, and the lien hereby created shall be and is hereby
subordinated to and declared to be inferior and subsequent in lien to
the lien of any such purchase money mortgage or purchase money deed of
trust. The lien hereby created shall likewise be of no force or
effect against any owner whose title to the property hereinafter
described is acquired by or as a result of a foreclosure or trustees’
sale of any such purchase money mortgage or purchase money deed of
trust.
Section 5.. That at any time during the period herein
provided, the Property Owner, Property Owner’s successors, heirs,
assigns, or transferees may deposit a cash bond or post a surety
performance bond satisfactory to the City to charge said surety with
the cost of said improvements; the amount of bond to be the estimated
cost of engineering and improvements at the time of such deposit or
posting as ascertained by the City Engineer, and that upon deposit of
said cash or posting of said bond the City agrees to release the
property, or any portion of it as to which said deposit or posting
applies, from the provisions of this agreement, and to execute any
necessary release to enable the record title of the property to be
released from the lien herein imposed.
Section 6. Said City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident, loss or
damage happening or occurring to the work or improvements specified in
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this agreement prior to the completion and acceptance of the same, nor
shall said City, nor any officer or employee thereof, be liable for
any persons or property injured by reason of said work or
improvements, but all of said liabilities shall be assumed by said
Property Owner and Property Owner’s successors, heirs, assigns, and
transferees, and they shall save the City harmless from, and indemnify
the City against, any and all claims, suits and liabilities of or to
any person or property injured or claiming to be injured as a result
of said work or improvements. Said Property Owner, and Property
Owner’s successors, heirs, assigns, and transferees, further agrees to
protect said City and the officers and employees thereof from all
liability or claim because of, or arising out of, the use of any
patent or patented article in the construction of said improvements.
Section 7. It is further agreed that said Property Owner
will at all times up to the completion and acceptance of said work and
improvements by the City, give good and adequate warning to the
traveling public of any dangerous or defective conditions of public
property. The Property Owner hereby agrees to pay for such inspection
of improvements as may be required by the City Engineer of City.
Section 8. This agreement and the covenants contained herein
shall be binding upon and inure to the benefit of the successors,
heirs, assigns, and transferees of Property Owner, shall run with said
real property9 and create an equitable servitude upon said real
property.
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Section 9. A description of the property referred to herein
and upon which said lien is imposed is described as follows:
Parcel 2 of Parcel Map No. 792 in the City of
Carlsbad, California.
Section IO. The required improvements to be constructed and
the estimated costs thereof are as follows:
Improvements Estimated Costs
Curb & Gutter 102 L.F. X $11.00 $ 1,122.oo
Sidewalk 501 S.F. X $2.70 $ 1,377.oo
Street Light 4/10 of $2,900 $ 1,160.OO
Fire Hydrant 4/10 of $2,000 $ 800.00
2-l/2 Street Trees $ 100.00
SUBTOTAL $ 4,559.oo 4 +15x ENGINEERING CONTINGENCY $ 684.00
. $5,243.00_
IN WITNESS WHEREOF, we have hereunto set our hands and seals
fi this /y day of d r;cd , 1985.
CITY OF CARLSBAD, a Municipal Corporation of the State of California
F: D. ALESHIR’E; City Manager
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SAFECO
43.1 TITLE INSURANCE
STATE OF CALIFORNIA
) SanDieqo ss. COUNTY OF
On this the 14th day of May 19 @3 before me the undersigned, a
3 Notary Public in and for said County and State, personally appeared Philip Metrovs and
$ Lynette Metrovich a- C FOR NOTARY SEAL OR STAMP
22 .- a . Q
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to me or proved to me on the basis of satisfactory evidence to be the
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ii and acknowledged that theYexecuted NORARCIGARDS the same. NOTARY PUBLIC - CiWORNlA
PRINQPAL oFFteE IN SAN DIE00 COUNW
\ gignature of Notary
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On the
undersigned, appeared F, D. City of Carlsbadb-.-;a
before me the
known to me tF-‘be the person
behalf of said Municipal Corporation, ,z/ nd acknowledged to me that such
City of Ca,S;Ysbad, California, execu$,dd the same. I-’ r”
/‘WITNESS my hand and o:Jdcial seal.
/
Notary Public
Vincent F. Biondo, Jr.
City Attorney
(Notarial acknowledgement t attached.)
8,
of execution of owners must be
STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO )
On 4% /< /3?xJ-- before me the undersigned, a Notary Public in and/f@ said State, personAlly appeared Frank N. Plannen, known
to me to be the Acting City Manager of the City of Carlsbad, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same.
WITNESS my ha.nd and official seal.
KAREN R. STEVENS Notary Public - California NOTARYPUBLIC